Terms & Conditions
JONESY’S GARAGE - PARTS SALES TERMS AND CONDITIONS OF TRADE
“Goods” means any goods provided by us to you and includes without limitation any related or associated services, fees or charges from us to you.
“GST” means goods and services tax as defined in the Goods and Services Tax Act 1985.
“Order Form” means an order submitted by you to us for the purchase of Goods.
“Price” means the total amount payable by you for the Goods including the price of the parts being supplied, all delivery costs (including freight and carriage by any means), import/export costs, insurance costs, and any other fees or charges payable by you.
“Price List” means the current price list for our Goods as shown on our website.
“Terms” means these Terms and Conditions of Trade.
“we”, “us”, “our” and “Jonesy’s Garage” means D.N. & G.S. Jones Limited, New Zealand registered company no. 241885, and its agents, successors or assigns.
“you” and ”your” means the person(s) or entity(ies) named as the customer on the Order Form.
2.1 These Terms apply and are incorporated into any agreement for the supply of Goods by us to you. All other terms and conditions are expressly excluded unless otherwise agreed in writing.
2.2 Our agents, employees and representatives have no authority to make any oral representations, statements, warranties, conditions or agreements that conflict with these Terms.
2.3 On submitting an Order Form, you are deemed to have accepted these Terms.
2.4 A binding contract is deemed to be formed between us and you when we notify acceptance of your Order Form by email, in person, or by telephone.
2.5 We may terminate this and/or any other agreement between us immediately if you do not make payment of any amounts due to us on or before the due date for payment, indicate that you will not pay any sums by the due date, fail to comply with your obligations under these Terms, or suffer an insolvency event.
2.6 If you are more than one legal person or entity then your liability is joint and several. Any person holding him/herself out as your agent, employee or representative is authorised by you to sign for delivery of the Goods.
2.7 You authorise us to collect, retain and use any information about you for the purpose of assessing your creditworthiness, or enforcing any rights under this agreement.
3.1 Unless otherwise agreed by us, the price for each part we supply to you will be as specified in the Price List. The Price List is exclusive of GST unless specifically stated otherwise. You will pay all applicable GST in addition to the Price. We reserve the right to alter the Price List because of circumstances beyond our control.
3.2 The method and cost of delivery will vary according to the delivery method chosen by you on the Order Form.
4. DEPOSIT AND PAYMENT
4.1 You must select an approved method of payment when submitting an Order Form.
4.2 Subject to clause 4.3, full payment of the Price will be required at the time of ordering the Goods and in any event before Goods are delivered, collected, or dispatched.
4.3 If Goods are not currently in stock, a deposit may be payable. In that case the deposit must be received by the due date we specify and we will not order Goods from our suppliers on your behalf until such time as the deposit is received by us.
4.4 You must either select an approved delivery method, or specify that you will collect the Goods from us personally, on the Order Form. If we later agree to change the method of delivery at your request further charges may apply.
4.5 You must pay all amounts owing to us without set off or deduction.
4. Without prejudice to our other rights and remedies under these Terms or at law if you fail to make payment of any amount due to us, we may refuse to supply the Goods and/or charge interest on the amount owing at the rate of 2% per month or part month from the due date for payment until payment is received in full.
4.7 Any expenses, disbursements and legal costs incurred by us in the enforcement of any rights contained in these Terms will be paid by you, including our reasonable solicitor’s fees or debt collection agency fees.
5. DELIVERY AND COLLECTION
5.1 You may elect to collect the Goods personally from our nominated address. If collection is not made within 30 days of you being notified that the Goods are available for collection, any payments made to us for the Goods may be retained by us and/or the Goods may be sold or otherwise disposed of at our sole discretion.
5.2 Delivery of the Goods will be made by us to the place and by the method specified by you in the Order Form. You must specify the exact location for delivery in the Order Form.
5.3 Subject to clause 7.1 we will use our reasonable endeavours to supply the Goods by the delivery date specified, however, we will not be liable for any costs, losses, damages or claims in relation to any failure or delay in supply. If we are unable to supply the Goods as agreed solely due to any action or inaction of yours then we will be entitled to charge a reasonable fee for re-supplying the Goods at a later time and date.
5.4 Within New Zealand risk in the Goods will pass from us to you on delivery or collection, as the case may be. If the Goods are to be delivered outside New Zealand, all terms of that delivery will be determined by us on a case by case basis and advised when we notify acceptance of your Order Form by email, in person, or by telephone.
6. RETENTION OF TITLE AND PPSA
6.1 We will retain ownership of and title to all Goods until payment has been made by you in full. In the meantime you will ensure that all Goods are stored in a way that clearly identifies the Goods as our property.
6.2 You acknowledge that until full payment is made for the Goods you retain possession of them solely as our bailee. You will hold the proceeds of sale of all Goods that have not yet been paid for in trust for us.
6.3 You agree that we, our agents or employees (on written notice) may enter onto any premises under your ownership or control for the purpose of inspecting and/or repossessing any Goods not paid for in full.;
6.4 You hereby grant us a security interest over the Goods to secure your obligations to us under these Terms. You acknowledge that these Terms constitutes a security agreement for the purposes of the Personal Property Securities Act 1999 (“PPSA”) or any other similar laws in any jurisdiction other than New Zealand, and you will provide us with any information we require to register a financing statement pursuant to the PPSA. You waive any right to receive a copy of the verification statement pursuant to s148 of the PPSA.
7. WARRANTY AND LIABILITY
7.1 Nothing in these Terms will restrict, negate, modify or limit any of your rights under the Consumer Guarantees Act 1993 where the goods and services acquired are of a kind ordinarily acquired for personal, domestic or household use or consumption and you are not acquiring the goods or services for the purpose of a business or in trade.
7.2 To the extent that our liability is not otherwise limited or excluded, and to the fullest extent permitted by law, our aggregate liability to you whether in tort, contract or otherwise for any loss damage or injury in relation to the Goods is limited to the Price paid by you. In such case we may, at our option, elect to:
(a)provide a refund; or
(b)repair the Goods; or
(c)replace the Goods.
7.3 Despite anything else contained in these Terms:
(a)the parties agree and acknowledge that if the Goods supplied by us and acquired by you are supplied or acquired in trade within the meaning of the Fair Trading Act 1986, that sections 9, 12A, and 13 of the Fair Trading Act 1986 will not apply to the agreement between us, and that it is fair and reasonable to exclude their application;
(b)the parties agree and acknowledge that if they are both in trade, and that the Goods and Services supplied by us and acquired by you are supplied or acquired in trade, that the provisions of the Consumer Guarantees Act 1993 will not apply to the agreement between us, and that it is fair and reasonable to exclude their application;
(c)the parties agree and acknowledge that the provisions of the Sale of Goods Act 1908 will not apply; and
(d)the parties agree and acknowledge that the United Nations Convention on Contracts for the International Sales of Goods is excluded from these Terms or as between the parties; and
(e)unless these Terms expressly provide otherwise, to the fullest extent permissible by law all warranties, conditions or other terms implied by law are excluded; and
(f)for the purposes of this clause you acknowledge that you had a reasonable opportunity to review these Terms, discuss them with us, and receive advice from your legal advisor, if you wished to do so.
7.4 Except as otherwise provided in these Terms:
(a)we will not be liable for any loss or damage of any kind whatsoever arising from the supply of Goods by us to you, including consequential loss whether suffered or incurred by you or another person or entity and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Goods provided by us to you; and
(b)you indemnify us against all claims and loss of any kind whatsoever however caused or arising and whether caused or arising as a result of our negligence or otherwise, brought by any person in connection with any matter, act, omission, or error by us or our agents, employees and representatives in connection with the Goods.
8.1 These Terms constitute the sole understanding of the parties in relation to its subject matter and supersede all prior understandings, written or oral, which will be of no further force or effect.
8.2 No alteration or variation of these Terms will be binding on us unless authorised by us in writing.
8.3 You must not assign or transfer all or any part of your rights or obligations under these Terms without our prior written consent. We may assign any rights or obligations without your approval as well as subcontract any obligations to third parties.
8.4 If any dispute arises between the parties about these Terms, the parties will first seek to resolve such dispute by giving notice in writing to the other party and in good faith endeavouring to resolve the dispute. If the dispute remains unresolved, the parties will first seek a resolution through the use of mediation or other informal method of resolution before pursuing resolution through the Courts.
8.5 Every notice given under these Terms will be sufficiently given if delivered personally, posted or successfully transmitted by email to the intended recipient at his, her or its last known address or email address.
8.6 No waiver of any provision of these Terms will serve as a waiver of any other provision of these Terms and we will not have waived or be deemed to have waived any provision of these Terms unless such waiver is in writing and executed by us.
8.7 These Terms will be deemed to be made in New Zealand and will be construed and governed by the laws of New Zealand. The parties submit to the exclusive jurisdiction of the courts of New Zealand.
8.8 If any provision in these Terms will be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions will not be affected, prejudiced or impaired.